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Allie Mo, SASS No. 25217

What is a day?

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I have a question. The sales agreement states, "...you may request an exchange within 3 days of delivery..." It doesn't describe what a day is, not business days nor hours.

 

In the minimal legalize I know, what would a day mean to a "reasonable person?"

 

To help you answer the question, using specifics, delivery was 2/28/2019 after 2:00 pm.

 

Does this mean:

Standard business days, M-F?

The store's business days, S-S 8:00 am - 5:00 pm (some days later; but not pertinent)?

Three 24 hour periods?

 

In other words, when is my latest date and time to request an exchange? 

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Ms Allie...  you been hangin' around Alpo again...?   :rolleyes:

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To avoid arguments,  make your decision in 2 days.  Don’t give them any wiggle room.

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6 minutes ago, Marshal Mo Hare, SASS #45984 said:

In their opinion, 72 hours. In the opinion of “a reasonable person” (me) 3 business days.  Certainly arguable.

I could accept either of those concepts of a day. Unfortunately, their idea of a day fell on 3/2 or 48 hours from delivery. They started counting days on the delivery day, which was Thursday 2/28 and their three days was Saturday 3/2. IMO. the minimum reasonable count would be Sunday 3/3 which is when I called (before noon).

 

I would give them that, as they are open and the service center answers the phone S-S that, Sunday is one of their business days.

 

Anyone else?

 

HC, no! This is an actual event not a theoretical event IIUHQ! (If I understand his questions!) LOL!

 

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2 minutes ago, J-BAR #18287 said:

To avoid arguments,  make your decision in 2 days.  Don’t give them any wiggle room.

Too late, I contacted them before noon today, 3/3.

 

Just want to know what is reasonable.

 

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3 minutes ago, Marshal Mo Hare, SASS #45984 said:

Aha, so they started the clock at midnight of the day you took possession?  Thus depriving you of several hours of evaluation?

 

Wouldn't that give me until midnight of tonight, if delivery was 2/28 and today is 3/3?

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PS They can't, or shouldn't, start the day before I took delivery as that is the only way their calculation works.

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1 minute ago, Allie Mo, SASS No. 25217 said:

Wouldn't that give me until midnight of tonight, if delivery was 2/28 and today is 3/3?

I am thinking they started the clock the midnight before you took posession, thus 2/28, 3/1, 3/2.

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1 minute ago, Marshal Mo Hare, SASS #45984 said:

I am thinking they started the clock the midnight before you took posession, thus 2/28, 3/1, 3/2.

Which is before the delivery.

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For a business thing like that "reasonable " should be,  at the  very least, 72 hours from time of delivery. 

 

Common usage would have you start counting calendar days the day after delivery,  i.e. delivered Thursday  gives you Friday,  Saturday,  Sunday. 

 

At church we count the day of the event as day 1.

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Three days would mean, to me at least, 72 hours. Sounds like you got hosed.

 

BTW, to Kanes Furniture.....a lifetime warranty is 10 years....figure that one out.

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BTW, The person I talked to told me that she would send me an email in a few minutes, which would include the service report number that she assigned, where and how to file a report. This was 1:25 pm today. It's 4:35 now. No email yet. I've checked my "junk" folder and my ISP's spam folder.

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Hey Allie.

Others have answered your question but I will add some hopeful info.

 

If you paid for this item with a credit card, you probably have time to cancel the charge.....and

then tell the business they must take it back because of stopped payment.

 

I ain't sure it works this way all the time, but it does work under certain circumstances.

 

Good luck.

 

..........Widder

 

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Ask'em to send their definition of days, as a time period.

Watch'em 'dance'..........:rolleyes:

Time to call the CC outfit and dispute the charge.

BTW: See what CA. consumer law sayz(if anydangthing)about 'days'.

OLG

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7 minutes ago, Widder, SASS #59054 said:

Hey Allie.

Others have answered your question but I will add some hopeful info.

 

If you paid for this item with a credit card, you probably have time to cancel the charge.....and

then tell the business they must take it back because of stopped payment.

 

I ain't sure it works this way all the time, but it does work under certain circumstances.

 

Good luck.

 

..........Widder

 

I always pay my credit card bills in full shortly after they arrive. I've paid this in full already. They billed my CC before they would deliver.

4 minutes ago, The Original Lumpy Gritz said:

Ask'em to send their definition of days, as a time period.

Watch'em 'dance'..........:rolleyes:

Time to call the CC outfit and dispute the charge.

BTW: See what CA. consumer law sayz(if anydangthing)about 'days'.

OLG

I asked the woman on the phone what a day was and she kept telling me that Saturday was three days.

 

I will check out the CA CL thingy.

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1 hour ago, Allie Mo, SASS No. 25217 said:
1 hour ago, Widder, SASS #59054 said:

 

I always pay my credit card bills in full shortly after they arrive. I've paid this in full already. They billed my CC before they would deliver.

 

 

You may still have recourse through the credit card company.

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I should just give up. Dumb me for not checking reviews before. I just checked them out on some review sites and they are an "ConsumerAffairs Unaccredited Brand." https://www.consumeraffairs.com/furniture/lazboy.html

 

Here is another site's reviews of them. https://www.trustpilot.com/review/www.la-z-boy.com

 

None of the complaints I saw (I didn't read them all) mentioned my problem. I took a leather swatch (my current furniture has them sewn into a hidden area) in and matched it to their swatches and said that I want that color. The delivered version was the same as the ordered color number; but not the same as my swatch.

 

So, I think I'm "up a creek without a paddle" and just don't feel like arguing.

 

It looks like this; but that is not the color I thought I ordered. It is much darker than my other furniture.

 

Recliners Collection

 

 

 

 

 

 

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Allie,

In the state of California the time period is 72 hours after YOU take possession of a product. It doesn’t matter what they say their time is. Tell them you’ll take them to small claims court. Look into it. I cannot remember the number for the civil code but if they say “3 days” the three days is 72 hours and it is 72 hours after you take possession. 

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Im glad it wasn't a kitten....

hope you get it resolved to your satisfaction

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Howdy,

Looks comfy to me.

But if you don't like it and said before 72 hours passed.....

raise a fuss with the CC company.

Ive been shopping for a good card. 

Let us know (or me at least) how it goes.

Best

CR

Is Visa better than Mastercard??????

 

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18 hours ago, Allie Mo, SASS No. 25217 said:

I always pay my credit card bills in full shortly after they arrive. I've paid this in full already. They billed my CC before they would deliver.

 

That doesn't matter in this case unless the credit card company is in cahoots with the vendor.  Call them and see what they can do. 

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It's Hubby's not mine. It was his Christmas present that took two months to receive. The problem is that I took a leather swatch and matched it to their swatch board and the chair isn't the color of the swatch, which is the color of our other furniture.

 

The person I talked to on Sunday finally wrote me today at 3:00 pm. I guess 26 hours is a few minutes in their time as she said she would send me the information I needed in "a few minutes."

 

I'm checking the CA Consumer Affairs site and still haven't found a definition of a day. I just got home a few hours ago from eye surgery. So, I haven't had much time to check things.

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Very sorry to hear of your troubles.  I hope you get it resolved to your satisfaction soon.

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Hope you recover soon from the surgery and chair debacle.

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Hoping for the best after your surgery Allie Mo:wub: Amazing how 3 days turned into 48 hours, but a few minutes turned into 26 hours! Good Luck Allie, do check in with your credit card bank. They can take the money back from the vendor, but will require paper work on your part most likely.

 

EH

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I finally contacted someone at the CA Department of Consumer Affairs. They have no statutory mandated definition of a day.:o Seriously? WT*? 

 

So I Googled "legal definition of a day" and found the following.

It is a well known rule of the common law, that a day comprises twenty-four hours, extending from midnight to midnight, including morning, evening and night. This the 24-hour period from midnight to midnight is called the natural day. In short it means the "The period of time elapsing between sunrise to sunset." It is also termed as calendar day or artificial day." https://definitions.uslegal.com/n/natural-day/ 

 

"Entire day refers to an undivided day of a 24-hour period beginning and ending at midnight. Fragments of two days cannot be added together so as to make an entire day. An entire day must have a legal, fixed, precise time to begin and end. For instance, an entire day contemplates that the half day of Saturday, or the half day of Monday, which was the day of trial, cannot be counted as an 'entire day,' because the first and last days here were fragments of days, and not an entire day."

 https://definitions.uslegal.com/e/entire-day/

 

Several more definitions may be found at the following site. https://legal-dictionary.thefreedictionary.com/day

 

So, I guess I am giving up on that line of recourse.

 

I usually check out new-to-me on-line retailer reviews. I never dreamed Lay-z-boy would need such checking after their longevity in business.

 

More later...

 

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On 3/3/2019 at 10:10 PM, Pat Riot, SASS #13748 said:

“3 days” the three days is 72 hours and it is 72 hours after you take possession. 

Lawyer Mays here. I agree with Pat's analysis. The time would not run until when you took possession, 2pm on 2/28. You should have until 3/3 at 1:59pm.

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I would send them the BATFE definition of Days, and say if this is good enough for a Federal Department  it is good enough for La-Z-Boy. They leave no wiggle room.

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